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877 results found for "creditors rights"
- Enforcement News: SEC Charges Former NBA Star With Misleading Crypto Investors
Respondent allegedly received at least eight (8) transfers of EMAX tokens through June 18, 2021. , including crypto asset securities, investors should be careful to research if the investments are right
- Stenographic Services, The Doctrine of Account Stated and The Statute of Frauds
account stated is predicated upon a transaction between the parties such that it creates a debtor and creditor Viewed in the light most favorable to defendant, this indicates that the attorneys of record, not defendant
- Execution of Two Stipulations Proves Fatal to Defendant’s Motion for Relief Under CPLR 317
Freiberger Appearing in an action may give rise to a waiver of a litigant’s right to challenge the court
- Can You Limit Liability for Your Own Negligence in a Contract
“Gross negligence” is “conduct that evinced a reckless disregard for the rights of others or smacks of inspection performed in this case was not so defective as to evince a reckless indifference to the rights
- Two Recent Second Department Cases Remind Us That Business Entities Should Keep Up-To-Date Mailing Addresses On File With The Secretary Of State
defendant “deliberately failed to update its address with the Department of State in an attempt to defraud creditors moved to vacate its default “on the ground that it never received notice of the delinquency, of its right
- Second Department Finds Triable Issue of Fact as to the Question of Seller’s Oral Waiver of Time of the Essence Closing Date in Real Estate Contract
issue of fact as to whether the 's president made a statement to that operated as a waiver of the 's right A waiver of the right to timely performance under a contract "need not be in writing in order to be valid fact “as to whether the waived the deadline for closing the transaction, and thus whether the had a right
- Court Finds Guarantor Bound by an Agreement in Which Guarantor Agreed to Be Bound by Future Amendments to the Agreement
On October 28, 2008, eight days after Mosionzhnik’s shares were transferred to Dangoor and Chowaiki, debts of which, are guaranteed significantly alter the business dealings between the debtor and the creditor
- First Department Awards Landlord Summary Judgment Based on Clear and Unambiguous Lease Provisions Regarding Common Area Restrooms and Hallway Construction
When contracts are clearly drafted, all parties should be aware of their rights, remedies and obligations not met, and tenant was not in default under the lease, among other things, landlord was obligated to credit Further, Section 15.03 of the Lease provides that: Landlord shall have the right at any time without In addition, Section 21.03 of the lease provides that: Landlord reserves the right to temporarily interrupt Moreover, the lease gave the landlord the right to change the arrangement or location of the restrooms
- Court of Appeals Provides the Contours of the Notice Requirement Under CPLR § 203(f)
functioning sprinkler system – as specifically noted in the inspection report – and thus waived its right whether an untimely claim relates back under section 203 (f). 7 The Court noted that while “discovery might litigation position or prevent extinguishment of a claim as time-barred, … such discovery does not shed light occurrences to be proved in support of a new claim for recovery.” 8 “While some of these observations might original pleading alleging that a party failed to perform in accordance with the written agreement might
- Business Judgment Rule Bars Claim That Board Treated Shareholder Differently Than Other Shareholders
Therefore, concluded the motion court, “it cannot be reasonably argued that had somehow acquired vested rights Under such circumstances, concluded the Court, plaintiffs could not “overcome the cooperative’s express right
- Lender Deserves an “A” for Effort in Attempting to Side-step the Statute of Limitations Implications of Reliance on CPLR 3217(b)
In general, absent a showing of special circumstances, including prejudice to a substantial right of
- Court Denies Motion for Summary Judgment in Lieu of Complaint Because Note and Related Asset Purchase Agreement Were “Inextricably intertwined”
Further and significantly, the note did not include any waiver of the right to an offset for counterclaims

